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FEARON v. COMMONWEALTH

176 S.E.2d 921 (1970)

Joseph F. FEARON v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 12, 1970.

Attorney(s) appearing for the Case

Joseph L. Duvall, Fairfax (Duvall, Seagears & Thompson, Fairfax, on brief), for plaintiff in error.

William P. Bagwell, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

I'ANSON, Justice.

Joseph F. Fearon, defendant, was convicted by a jury of uttering a forged instrument and was sentenced in accordance with the jury's verdict to three years in the State penitentiary. In his petition for a writ of error and supersedeas, which we awarded, defendant contended that the trial court erred in denying his several motions for a mistrial on the grounds that the argument of the attorney for the Commonwealth was improper and prejudicial.

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